Labor relations with a minor worker. Conditions for hiring minors
The Labor Code of the Russian Federation does not prohibit hiring workers who are not yet 18 years old. But this does not apply to all types of activities. There are restrictions on working conditions for children, because the child must first learn and develop. If the activities of your company are on the list of permitted, then you may well hire a minor worker. The working conditions of children are regulated by Ch. 42 of the Labor Code of the Russian Federation, the requirements of SanPin 2.4.6.2553/09 and Decree of the Government of the Russian Federation No. 163 of 2000.
Children of all ages can work. There are, of course, special indications that a contract can only be concluded with a child who has reached the age of 16, but in practice, labor relations can arise even earlier. Children can work in the field of entertainment: it can be cinema, theater, children's music or dance groups, a circus, and even advertising. The child receives not only pleasure and education, but also material rewards for participating in successful projects. Therefore, the employer should study the information on when the use of the labor of minors is not a crime.
There are special indications that the contract can only be concluded with a child who has reached the age of 16, but in practice, labor relations may arise even earlier.
Sphere of employment for minors
The law allows the employment of children from the age of 14 (sometimes earlier), but not in all areas of activity. You can see the permitted areas of activity in Government Decree No. 163 of 2000. The working conditions of minors are regulated by Article 265 of the Labor Code of the Russian Federation.
You are not eligible to employ a child if:
- The position involves working with the use of chemicals, as well as with dangers that threaten life and health.
- The work consists in loading and unloading goods, delivery of products.
- The position refers to the attendants: cleaning lady, janitor, nanny, waiter.
- The workplace is located in networks related to the sale of alcohol and tobacco.
- The field of activity poses a threat to the moral and psychological development of the child.
- The office hours start at 22:00.
- Work related to travel, with the exception of work of a sports and creative nature.
- This is a collaborative activity.
Temporary restrictions on work
If the standard conditions for an employee are focused on a 40-hour work week, then for children, the working hours are slightly different. Hours of operation vary by age.
Working hours of a minor employee:
- 7 hours a day or 35 hours a week - for a teenager from 16 years old who does not attend an educational institution.
- No more than 4 hours per day if the child is over 16 years old and has student status.
- Up to 5 hours a day, but no more than 24 hours a week - for a child under 16 years of age.
- Working hours are reduced to 2.5 hours a day or 12 hours a week if a teenager under the age of 16 continues to study.
The employer is obliged to know the time that the child can devote to work. If you have any doubts, you can be guided by the requirements specified in Art. No. 92 of the Labor Code of the Russian Federation.
Sometimes special conditions cannot be met due to the scope of the child's employment. This is related to the creative direction, when a troupe, collective or other composition goes on tour, competitions or other events that last longer. An underage worker must be provided with additional rest so as not to harm his health, both physical and moral. Often, on such trips, the child is accompanied by parents or guardians who monitor the norms of working hours, or such responsibility is imposed on the leader, educator.
An underage worker must be provided with additional rest so as not to harm his health, both physical and moral.
How to formalize an employment relationship
To accept a minor worker into the organization, it is necessary to collect certain documents, namely:
- Passport of the child if he is 14 years old.
- Birth certificate for those under the age of 14.
- Consent of parents, guardians to conclude an agreement.
- Permission of authorities controlling the living conditions of children - guardianship authority, educational institution.
- Medical certificate of the child's health.
- Pension Certificate.
- Employment book, if employment is not primary.
- Document of professional skills, if available.
Not every situation requires the provision of all documents from the list. This must be taken into account according to the circumstances, based on the age of the minor.
Sometimes a child graduates early. This may be due to his giftedness (passing exams as an external student) or exclusion from a general education institution for poor progress and violation of discipline. Then a teenager can get a job in the morning or for a 7-hour working day, because there is no need to go to school and prepare for lessons. The job applicant must additionally provide a certificate stating that he is not studying.
If a minor employee studies in the evening, part-time or remotely, then he must bring you a certificate from the place of study, this will be proof that you do not violate the statutory working hours.
Labor contract
Based on the fact that you decide to hire an employee belonging to the preferential category of employees, the drafting of the contract must be carried out in accordance with state standards.
The employer does not have the right to accept a child into the state without obtaining the consent of the parents or guardians. Therefore, they must be present at the time of registration of documents.
The employer does not have the right to accept a child into the state without obtaining the consent of the parents or guardians.
The contract cannot be concluded if a work permit for the minor is not granted from the guardianship and guardianship authorities. You can request this form from the guardianship authorities, as well as the parents of the child. An employment contract with a child from 14 to 18 years old can be executed on the basis of the consent of the parents and the board of trustees. Consent must be in writing.
If you often practice employment for minors, then you can prepare a standard form for such consent. Usually it is written in an arbitrary form, indicating the details of both parties and the child's data.
Please note that the employment agreement for a minor employee is different from that for an adult employee.
The employment agreement must include:
- Working conditions provided by the employer.
- Working hours or schedule must be clearly defined and not coincide with the time the child attends educational institutions.
- The child cannot be occupied after 22 hours. This violates the rights of underage workers and the curfew.
- A certain point can include parental consent to employment, if this is not issued in a separate form.
- The right to leave is prescribed, because children are the same workers and their right to rest should not be infringed. The duration of vacation for any type of employment is 30 calendar days. A small employee cannot be recalled from vacation.
- Liability for a minor employee is not provided. This clause is excluded from the contract.
- There is no probationary period.
The employer cannot force the child to be liable, unless the fact of intentional damage to property due to alcohol, narcotic, psychotropic intoxication is proved.
The contract must be signed by all parties: the employer, parents, a representative from the guardianship and guardianship authority and the child. You can see a sample employment contract.
Children earn money not only from the age of 14, but even earlier. provides for such a fact, but sets certain restrictions. The main condition of the contract for children under 14 years old: it can be signed only in the field of creative direction. It can be a theater, cinema, an advertising company, etc. But a child cannot work there as a cleaner or assistant, he can only be engaged in the process itself as a hero or performer.
When a child is employed, in addition to the contract, a work book is also filled out. Its acquisition is carried out at the expense of the employer. The design must meet all requirements. Filling out is carried out by an employee of the personnel department after the issuance of an order to hire a child.
As you can see, the step-by-step procedure for accepting a minor worker is similar to the standard situation. It is only necessary to take into account the benefits of the child and voice them in the contract.
The contract can be fixed-term or indefinite. It is more profitable for you, as an employer, to draw up a fixed-term contract in order to avoid problems when conditions arise for terminating the relationship.
Situations are different. Based on the fact that the regulation of the labor of children is quite serious, then the employer has the right to terminate the contract with a minor on his own initiative only on the basis of the decision of the labor inspectorate and the commission on minors ().
An employer has the right to terminate an employment contract with a minor employee on its own initiative only on the basis of a decision of the labor inspectorate and the commission on minors.
Salary
Once a child is hired, he will receive a salary. Salary depends on the type and duration of employment. This criterion is determined individually. But there is a nuance: the child, like any other worker, is protected by law, and monetary remuneration cannot be lower than the minimum wage (minimum wage).
For example, if the amount of payment for one hour of work is set at 100 rubles, then a minor worker cannot receive a lower rate. If the enterprise has established standards, then for the child they should be calculated in proportion to his age and load criterion.
Let's say a small employee can work 2 hours a day. The cost of one hour is 100 rubles. For one shift, he should be credited with 200 rubles. Whereas an adult employee can be at the workplace for 8 hours and his shift will be closed by the amount of 800 rubles.
For good work, you can encourage your minor employee with a bonus.
The issuance of money can correspond to the established schedule (advance payment and settlement) or be issued on days, weeks.
Once a child is hired under an agreement, then deductions to the tax service, the Pension Fund and the Social Insurance Fund on general terms should go for him.
Once a child is hired under a contract, then deductions to the tax office, the Pension Fund and the Social Insurance Fund on general terms should go for him.
Based on the average earnings, the child receives a vacation allowance, which must be provided at the request of the employee. An exception for this category of employees is the period when the employee can take a well-deserved rest. The first vacation is granted regardless of whether the person has worked for 6 months or not. Funds are issued on a general basis.
The rights of underage workers also apply to the provision of medical services, i.e. the child has the right to sick leave and the payment of an appropriate allowance.
Summing up
The legislation of the Russian Federation does not prohibit the employment of minor applicants. But all the rights of the child must be respected. If you are a responsible employer, then be sure to conclude an agreement with a young employee and his representatives in accordance with all the rules of the Labor Code.
Before starting an employment relationship, do not forget to ask for a medical certificate of the applicant's health status. If there are restrictions, they must be taken into account. The obligation of the employer will include the cost of an annual medical examination of the child to exclude the possibility of harm. Guardianship and guardianship authorities use all means to protect a minor worker from the outside, so be prepared for checks.
If there is a vacancy in your institution that is suitable for a child, then do not be afraid to hire a minor. A child is the same employee who strives for his well-being without violating the conditions of the employer. The main thing is to follow the principles of regulating the labor of underage workers and not exceed your powers. If you do everything according to the law, you will avoid problems with law enforcement agencies.
Attracting a minor applicant to work in an organization is associated with a number of restrictions for a business entity. On the one hand, this may cause the entrepreneur to be unwilling to apply for any position of such applicants.
On the other hand, this development provides a number of benefits for both the teenager and the employer. For the first - gaining work experience and certain skills directly related to his future activities. For the second - an employee who is ready to perform work that does not require a full-time job, which saves money on wages.
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From what age can teenagers work under the Labor Code?
Employment of minors is no longer a rarity. This category includes persons under the age of 18, but who have already turned 14.
In accordance with the Labor Code, the employment of such workers is required to be carried out according to certain rules. The presence of special benefits and restrictions on the actions of the employer regarding an employee under 18 years of age helps to protect the latter from unwanted health and moral development problems.
Download the form of an employment contract with a minor for free.
The Labor Code of the Russian Federation does not prohibit minors from applying for their preferred position under an employment contract, but makes certain demands both job seekers and employers. The main and most common are:
- Written permission from the child's parents or legal guardians.
- The applicant has a minimum education, which is a basic secondary education.
- Reaching the age of at least 14 years.
- No health contraindications.
As stated in article 63 of the Labor Code of the Russian Federation, labor relations can be formalized with citizens whose age on the day the document is signed is at least 16 years old.
But in the list we indicated 14 years, since at this time a teenager also has the right to be registered with a company. Then the document on his employment will be signed by parents or guardians.
Recruitment
In order for the teenager’s placement in an organization as an employee to pass as much as possible competently from a legal point of view, the main features of concluding an employment contract with such an employee must be familiarized in advance not only with the applicant himself, but also with the employer.
Documentary employment of minors is carried out on a general basis. According with article 66 of the Labor Code of the Russian Federation the employer needs to issue a work book for a new employee. There are no age restrictions in this matter. For this reason, to issue a work book, you must provide:
- identity card - passport or birth certificate;
- a document on education, which can be not only a diploma or certificate, but also a certificate from the educational institution in which the minor is educated, or, for example, a record book.
Additionally, the employer may require only those documents on the basis of which information will be entered about military service and training.
Dismissal at the initiative of the employer
According to article 269 of the Labor Code of the Russian Federation termination of the employment contract 
a minor employee can be at the initiative of the employer only under specific circumstances. These include:
- termination of activity by an individual entrepreneur;
- liquidation of the organization;
- approval from the state labor inspectorate and the commission on juvenile affairs.
In the latter case, the employer for which the teenager will be fired must send statements to the relevant organizations. The application must contain a request for permission to terminate the contract with the minor employee.
You can download a sample application for permission to terminate the contract.
If necessary, the employer should attach to the appeal documentary evidence of the reasons why he is going to dismiss the teenager working for him. The response to the appeal is sent either to the email address or by mail to the actual address, depending on the form of transmission by the employer.
When the termination of the contract occurs at the end of its validity, or at the initiative of a minor, then notice is sufficient. 3 days before the end of the activity from the respective party.
Learn more about the features of work from the video:
The questions were answered by E.Yu. Zabramnaya, lawyer, Ph.D. n., A.K. Kovyazin, lawyer
Hiring a teenager
Many students seek to earn extra money. And if the company has vacancies that do not require special education and work experience, then it is quite possible to accept teenagers, that is, persons from 14 to 18 years old.
However, employers often have questions about whether it is possible to accept a teenager for a particular job, how to properly formalize an employment relationship with him, what benefits to provide. You will find answers to the most interesting questions of our readers below.
When hiring a teenager, require additional documents from him
A.E. Trubkina, Moscow
We want to hire school students for temporary work. But we heard that they seem to be required to obtain some additional work permits. Is this true, and if so, what are these permissions and where can I get them?
: Additional documents will not be required from every teenager. It all depends on his age and "educational" status (whether he combines work with study or not).
| Age under-height | Is it possible to study with work | Documents required for employment |
| 16 to 18 years old | Never mind | The same documents as from an adult about Art. 63, art. 65 of the Labor Code of the Russian Federation, i.e:
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| 15 to 16 years old | Podrosto to Art. 63 of the Labor Code of the Russian Federation:
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The same documents are required as from someone who is already 16 years old, plus must be:
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| 15 to 16 years old | A teenager receives basic general education full-time, for example, at school (and it does not matter whether his work falls during the holidays or not) | In addition to the "adult" documents are required I Art. 63, art. 65 of the Labor Code of the Russian Federation:
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| 14 to 15 years old | A teenager studies in any form (it doesn’t matter if his work falls on a vacation period or not) | |
| Up to 14 years old | You cannot hire a child under the age of 14. An exception is established only for cinematography organizations, theaters, theater and concert organizations, circuses, and only for children whose work is related to participation in the creation or performance of works. th Art. 63 of the Labor Code of the Russian Federation With children of this age, it is also impossible to conclude civil law contracts for the performance of work (provision of services )Art. 28 of the Civil Code of the Russian Federation |
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How much a teenager works, so much he will receive
HELL. Myasoedov, Moscow
Our restaurant will soon open summer verandas. Therefore, we will need new waiters, which we are thinking of recruiting from among high school students and students who are on vacation. How many hours a day can such workers work during the holidays and how should they be paid?
: It all depends on the age of the guys you will be hiring. If these are schoolchildren and junior students aged 14 to 18, then they are minors. Such employees should be given reduced working hours. I Art. 92 Labor Code of the Russian Federation.
But they also need to be paid in proportion to the hours worked, the employer does not have the obligation to pay them up to the full salary (tariff rate) of an adult worker. T Art. 271 of the Labor Code of the Russian Federation.
Here are the allowable working hours for teenagers of different ages.
For underage students working during the school year in their free time, the length of working time cannot exceed half of their "age" norms indicated in the tables e Art. 92 Labor Code of the Russian Federation. As a result, the duration of daily work is T Art. 94 Labor Code of the Russian Federation:
- for employees aged 16 to 18 - no more than 4 hours a day;
- for employees under the age of 16 - no more than 2.5 hours a day.
Moreover, as follows from various regulatory legal acts adopted on education, the concept of "academic year" covers not only the period of study itself, but also the period of all vacations without exception, including summer holidays. X par. 8 p. 3 art. 16 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”; clause 1.3 of the Order of the Department of Culture of Moscow dated May 26, 2009 No. 256; clause 2.4.2 of the Administrative Regulations ... (Appendix 3 to the Decree of the Administration of the Kolomensky Municipal District of the Moscow Region dated January 24, 2011 No. 54); Clause 2.19 of the Sample Form of the Charter of a State Educational Institution of Secondary (Complete) General Education (Appendix 1 to the Order of the Committee on Education of the Government of St. Petersburg dated September 21, 2007 No. 1296-r). However, according to the Ministry of Health and Social Development of Russia, if a minor works during the summer holidays, then he does not need to reduce the “age” norm of working time by half.
And remember that minors are prohibited from engaging in night work. e Art. 96 Labor Code of the Russian Federation, so after 22.00 your waiters must go home.
Teenager's employment contract - "special"
G.N. Sheverdyaev, Moscow
Are there any special provisions that need to be written in the employment contract of a minor? Or is his employment contract no different from the contract of an adult worker?
: When drawing up an employment contract with a minor, a number of points should be taken into account:
- a minor cannot be placed on a test for employment at Art. 70 of the Labor Code of the Russian Federation;
- he is set a reduced working time (we talked about this above). And the condition on the working hours of a teenager must be included in the employment contract. R Art. 57 of the Labor Code of the Russian Federation;
- if you prescribe work rates for a teenager in an employment contract, then do not forget that “adult” work rates must be reduced (in proportion to how the work time of a teenager is reduced in comparison with the work time of an adult) Art. 270 of the Labor Code of the Russian Federation;
- the salary condition must be formulated on the basis that the teenager-time worker is paid only the hours actually worked by him.
For example, your position salary is set (in the staff list or local wage regulations) based on the full norm of working time for an adult employee, that is, based on a 40-hour work week And Art. 91 Labor Code of the Russian Federation. If you accept a teenager for this position, then write in his employment contract that his remuneration is made from this salary. Then you will pay him in proportion to the length of working hours established for him. And Art. 271 of the Labor Code of the Russian Federation.
Example. Teen payroll
/ condition / The teenager was hired, the salary for which is 20,000 rubles. Teenagers work 24 hours a week. In June 2011, he worked 100.8 hours.
/ solution / Calculate the salary of a teenager in June 2011
The norm of working hours in June 2011 is 168 hours (with a 40-hour working week). Accordingly, the cost of 1 hour of work is 119.05 rubles. (20,000 rubles / 168 hours). Then the teenager's salary for June 2011 will be 12,000 rubles. (119.05 rubles x 100.8 hours).
Attention
It is not possible to conclude an employment contract with a minor on part-time work at Art. 282 of the Labor Code of the Russian Federation.
If you want to pay a teenager a certain amount per month, for example, 20,000 rubles, then simply write in the employment contract that the salary for the fully worked out standard of working time set for him is 20,000 rubles.
A fixed-term employment contract is possible with a full-time teenager
N.Yu. Poletaeva, Gatchina
Is it possible to conclude a fixed-term employment contract with a minor for the period of summer holidays?
: No, unless you're hiring a teenager for temporary work at Art. 59 Labor Code of the Russian Federation. But you can conclude a fixed-term employment contract by agreement with him if:
- <или>a teenager is studying full-time;
- <или>your company (entrepreneur) is a small business. In this case, the number of employees should not exceed 35 people, and in the field of retail trade and consumer services - 20 people. to Art. 59 Labor Code of the Russian Federation.
Pre-employment health screening for teenagers is inevitable
A.S. Petrov, Petrozavodsk
Is it always necessary to send a teenager for a preliminary medical examination? Or is it obligatory only when applying for heavy and hazardous work?
: In principle, minors should not be accepted for heavy and hazardous work s Art. 265 of the Labor Code of the Russian Federation; Decree of the Government of the Russian Federation of February 25, 2000 No. 163. Therefore, in such a situation, the question of a medical examination does not even arise.
In other cases, the employer is obliged to send the teenager for a preliminary medical examination, and the teenager is obliged to undergo such a medical examination. And it does not depend on the nature of the work. s Art. 69, art. 266 of the Labor Code of the Russian Federation.
Who will pay for the medical examination?
N.D. Negoda, Krasnoyarsk
In what order should a minor undergo a preliminary medical examination when applying for a job and who pays for it - the teenager himself or the employer? If payment for a medical examination is the responsibility of the employer, can its cost be taken into account in “profitable” expenses and is it necessary to withhold personal income tax and accrue insurance premiums?
WARNING THE MANAGER
If the company will hire a teenager without a medical certificate and this will be revealed by the labor inspectorate, it can fine b Art. 5.27 of the Code of Administrative Offenses of the Russian Federation:
- company - in the amount of 30,000 to 50,000 rubles;
- head of the company or entrepreneur - in the amount of 1000 to 5000 rubles.
: There is no special procedure for medical examinations for minors. Therefore, the general procedure applies to Regulations on conducting mandatory preliminary upon admission to work and periodic medical examinations of employees, approved. Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90 (hereinafter referred to as the Regulations on the procedure for conducting medical examinations). The employer issues a referral to a teenager for a medical examination to provide the attending physician with a medical and preventive organization conducting a medical examination. Each doctor who took part in the examination gives his opinion on professional suitability and enters the medical examination data into the medical record. The final conclusion on the compliance of the state of health with the assigned work is made on a separate basis. T clause 2.2, clause 2.4 of the Regulations on the procedure for conducting medical examinations.
It is also possible that the teenager will simply undergo a medical examination in a regular district clinic and bring an opinion on its passage.
WARNING THE MANAGER
If a teenager is found fit for work, but at the next medical examination, contraindications were found, then it will come I Art. 73 Labor Code of the Russian Federation:
- <или>transfer to another suitable job;
- <или>in the absence of a vacancy or the refusal of a teenager to transfer - to dismiss with the payment of a severance pay in the amount of two weeks of average earnings but p. 8 h. 1 art. 77, art. 178 Labor Code of the Russian Federation.
Some employers hire teenagers who have medical contraindications to work. Especially if a minor needs to be involved in labor for only a couple of months. But keep in mind that if your company hired a teenager despite medical contraindications, then if this fact is discovered, the labor inspectorate may fine the company and its manager for violating labor and labor protection laws but Art. 5.27 of the Code of Administrative Offenses of the Russian Federation; Art. 212 of the Labor Code of the Russian Federation. In addition, your company will need to:
- <или>look for a teenager another job;
- <или>if there is no vacancy or the teenager refuses to transfer, terminate the employment contract with the payment of a severance pay in the amount of the average monthly salary but Art. 84 of the Labor Code of the Russian Federation.
Remember also that teenagers must undergo not only pre-employment medical examinations, but also annual medical examinations. e Art. 266 of the Labor Code of the Russian Federation- in the future, until the age of 18.
If the preliminary medical examination is paid, then it is the responsibility of the employer to pay for it. I Art. 212, art. 266 of the Labor Code of the Russian Federation. You can do this in different ways:
- <или>transfer money to a medical institution that, under an agreement with the company, conducts medical examinations of all its employees;
- <или>reimburse the expenses of a minor for a medical examination if he passed it at his own expense, and then brought a receipt of payment to the employer.
Employer's expenses for preliminary medical examinations:
- are taken into account in other expenses as expenses for ensuring normal working conditions and safety measures And sub. 7 p. 1 art. 264 of the Tax Code of the Russian Federation;, and even if the teenager was not hired And Letter of the Ministry of Finance of Russia dated 06.10.2009 No. 03-03-06/1/648;
- are not subject to personal income tax, as they are not recognized as an economic benefit (income) of a teenager due to the fact that medical examinations are necessary to ensure the activities of the employer himself I Letter of the Ministry of Finance of Russia dated November 21, 2008 No. 03-03-06/4/84;
- are not subject to insurance premiums, as these are not payments in favor of employees in the framework of labor relations th Part 1 Art. 7 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance premiums ...";
- are not subject to “injury” contributions, as they do not apply to payments in favor of the insured within the framework of labor relations th paragraph 1 of Art. 20.1 of the Federal Law of July 24, 1998 No. 125-FZ "On Compulsory Social Insurance against Accidents ..."; Clause 3 of the Rules for the calculation, accounting and spending of funds for the implementation of compulsory social insurance against accidents ... approved. Decree of the Government of the Russian Federation of March 2, 2000 No. 184.
Not every mode of work is suitable for a teenager
M.G. Kravchenko, Samara
Is it possible for a minor to set the operating mode "day after three"?
: Not. And there are two reasons for this. First, for adolescents, the maximum duration of daily work is set. s Art. 94 Labor Code of the Russian Federation. Therefore, they cannot work 24 hours in a row.
Secondly, the “day after three” mode of operation assumes that part of the working time falls at night.
And minors (except for those involved in the creation or performance of works of art) are prohibited from working at night (from 22.00 to 6.00) about Art. 96 Labor Code of the Russian Federation.
A teenager should be granted leave at any time convenient for him.
M.D. Shulyukina, Zelenograd
A teenager joined us. I worked for only a month and wrote an application for vacation as much as 31 calendar days. Are we obligated to grant his application?
A: Yes, we must. Annual basic paid leave for minors is granted for 31 calendar days at any time convenient for them. I Art. 267 of the Labor Code of the Russian Federation.
Please note that the Labor Code of the Russian Federation does not tie the number of vacation days to the length of the employee's vacation period at the time of his vacation to articles 121, 122 of the Labor Code of the Russian Federation; Letter of Rostrud dated December 24, 2007 No. 5277-6-1. Therefore, you have no right to insist that a teenager who has worked in a company for only a month can only claim 2.6 days of vacation (31 calendar days / 12 months). But by agreement with the teenager, his vacation can be divided into parts so that at least one of the parts of this vacation is at least 14 calendar days th Art. 125 of the Labor Code of the Russian Federation.
How to fill in the column of the work book "Education" if the employee is still studying
G.D. Maevskaya, Kaluga
They hired a teenager. What should he write in the work book in the column "Education"? And does it need to be filled out at all?
: You need to fill in the education column in the work book. But what to write there depends on what kind of education a teenager already has or what he receives.
The fact is that there are two options for making an entry about education in the work book at p. 2.1 Instructions for filling out work books, approved. Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69.
;
OPTION 2. Make a record of incomplete education of the appropriate level, if a teenager brings a supporting document from the educational institution where he studies or studied (certificate from a school, vocational school, technical school, university, etc.). For example, if the teenager is still in the 10th grade, you can write "incomplete secondary (complete) general education", and if in a vocational school - "incomplete primary vocational education".
And then, after receiving the appropriate level of education, the record of education in the work book can be supplemented b clause 2.4 Instructions for filling out work books.
The taxes for a teenager are the same as for an adult.
N.Yu. Tikhomirova, Tula
We employ students of the technical school - we conclude employment contracts with them. We withhold personal income tax from wages, but what about insurance premiums? To accrue everything, including contributions "for injuries"?
: Tax the salary paid to them in the usual way, that is, withhold personal income tax and charge insurance premiums, including “injury” contributions. And count teenage payments and insurance premiums as "profitable" expenses.
Work and internship are not the same
O.V. Maksimova, Yakutsk
Tell me, please, is it possible, according to the law, to take a student of a technical school for industrial practice without payment (for example, for 2-3 days a week for a maximum of 2-3 hours)?
: If a teenager comes to you exclusively for an internship, that is, to get acquainted with the production, then he does not need to pay anything. He doesn't work for your company. Usually in such situations, the educational institution concludes an agreement with the company on the placement of an internship.
If you do not just introduce your trainee to production, but instruct him to perform some labor duties, set him a regime of working time and rest time, etc., then the situation is different. After all, by doing so, you enter into an employment relationship with him. I Art. 15 Labor Code of the Russian Federation. Remember that the actual admission to work is the conclusion of an employment contract, even if such an agreement is not in writing. n Art. 67 of the Labor Code of the Russian Federation. Therefore, the teenager will need to pay a salary. Yes, and the employment contract with him will need to be drawn up in writing no later than 3 working days from the date of his actual admission to work e Art. 67 of the Labor Code of the Russian Federation.
Every citizen of Russia has the right to work, including those under the age of 18. What privileges does a teenage employee have, and how should he get a job?
Features of hiring minors
According to the law of the Russian Federation, persons under the age of 18 also have the right to work. But because of their age, they have a list of restrictions and advantages in employment. The criteria for enrolling this category of employees in the state are established in the Labor Code
Employment of a minor worker
The step-by-step procedure for enrolling a person under the age of 18 has a number of differences from the standard one, but they are minor. For example, adolescents cannot be assigned to a probationary period (Article No. 70 of the Labor Code of the Russian Federation). For them, a special labor procedure is established, in accordance with the norms of labor legislation (Article 94).
For those who have not yet turned 16, you need to obtain written approval from the guardianship authorities for employment. Approval is issued on the basis of a study of the work schedule and medical examination data of the minor. After providing all these papers, you can begin the registration process, which is no different from the standard one.
The procedure for hiring minors over the age of 14
By law, it is impossible to conclude an employment contract with a teenager under 16 (Article 21 of the Labor Code). But the contract can be signed with the approval of official guardians and guardianship authorities, that the teenager will perform light work, without harm to the growth of the body and health. and negative impact on the learning process.
What papers should a teenager provide when applying for a job:
- personal identification document;
- an act of education or a certificate from the school where the teenager is studying;
- parental approval in writing;
- consent of the guardianship authorities.
The list of acts is established by Article 65 of the Labor Code of the Russian Federation. Fourteen-year-olds receive the same benefits and benefits as other employees. That is, they are paid a salary at a level not less than the minimum level, but based on the hours worked (Article No. 271 of the Labor Code)
Minors can receive extended leave, lasting 31 calendar days, during a period convenient for the employee. The work time of a 14-year-old teenager is two and a half hours, taking into account the time spent on the educational process.
Employment of a minor under the age of 16
If a citizen who is already 16 years old is employed, then the consent of the guardianship authorities for employment is not required, only from the parents. From the age of 16, the work shift lasts up to four hours, while the young worker combines work and study. If he is no longer studying, then the work shift is five to seven hours, including a break. He has the right to receive bonuses and surcharges, as well as other employees.
Medical Board when hiring a minor
A medical examination of a person under the age of 18 is carried out at the direction of the head. A minor employee must undergo a follow-up examination by an occupational pathologist. Minors are required to undergo a medical examination before starting work, this is required by law. They must undergo the procedure annually until they reach adulthood.
The task is to identify the potential of a teenager to perform work, without a negative impact on the processes of growth and development of a young organism. The level of impact of work factors on the health of a teenager is also determined, and the correspondence of his skills to work requirements in a particular area is determined. The obligatory nature of the medical board is established by the Decree of the GGSV of the Russian Federation, No. 58.
Order on employment of a minor - sample
The order of the head on the hiring of a minor is drawn up according to the standard form of the form number T-1. The document indicates the name of the enterprise, the identification number of the act, the date of compilation. Below is the order on the appointment of an employee (full name is indicated), position, criteria and type of activity. (It is indicated that the employee has not reached the age of 18). Further, the date of compilation and signature of the director and employee.
You can hire a citizen, over 14 years of age. A teenager can sign an employment contract on his own from the age of 16.
An exception- organizations engaged in cinematographic, theatrical, circus, concert activities. Sports activities are also included in the list of exceptions. On behalf of a person from 14 to 16 years old, the document is signed legal representatives.
Organizations where teenagers can work?
When applying for a job, there are age restrictions. The law allows underage citizens to be involved not in all professions and not with all working conditions. There is a list of positions, where You can't work until 18
A special limitation applies to positions related to liability.
REFERENCE. An exhaustive list is contained in the Decree of the Government of the Russian Federation of February 25, 2000 No. No. 163.
For violation of the rules of organization of labor of minors, the employer faces administrative liability. If the manager accepted the employee in violation of the rules, the contract should be immediately terminated or the employee should be transferred to another position corresponding to his age.
Design features
The step-by-step procedure for hiring (documentation) of a minor employee is carried out in the same way as with adults.
However, when drawing up an agreement, it is necessary to take into account some nuances related to the fact that citizens under 18 years of age are employees who need to create special conditions and ensure their protection:
- The employment contract is only after finishing school. In the absence of a certificate, it is possible to accept as an employee a teenager who continues his studies in absentia.
- Work must be done on time not studying and treat work with easy conditions.
- Teenagers from 14 to 16 years old independently conclude contracts, after obtaining the consent of parents or guardians.
- A teenager over 16 can enter into a contract absolutely on one's own.
- Special working conditions must be provided by the employer.
The employer must take into account the special labor rules for citizens under 18. Otherwise, he may be held liable.
Some nuances of the employment contract
When hiring teenagers, termless and fixed-term contracts are signed.
A fixed term contract is preferable.
This is due to the fact that it is possible to terminate an indefinite contract with them at the initiative of the employer only under certain conditions.
You can terminate an employment relationship with minor employees only having received permission from the Labor Inspectorate and the Juvenile Commission. Without a visa of these bodies, termination of relations is against the law. Such action is allowed when the organization collapsed or no longer works (Article 269 of the Labor Code).
The following items are included in the document:
Working hours
Minors perform their duties on the basis of a shortened working day (Article 92 of the Labor Code).
The duration of work is directly dependent on age:
- up to 16 years - 24 hours a week, 5 hours a day;
- from 16 to 18 years old - 35 hours per week, 7 hours a day;
- employees combining work and study you can be at the workplace - 14-16 years old - 2.5 hours per day, 16-18 years old - 4 hours
Salary
If the inclusion of a clause on the amount of wages in an employment contract with adult employees is not strictly mandatory, then the contract with a minor must be sure to stipulate the amount and procedure for receiving wages.
The manager can pay the employee at the full rate with a reduced working week, but is not obliged to do so. Payment can be made in proportion to the time spent working, provided that this norm is fixed in the employment contract.
Exceptions
- It is forbidden to include clauses on possible business trips, overtime work in the contract. Forbidden involve teenagers in work at night, on weekends and holidays (Article 268 of the Labor Code).
- It is forbidden to provide for individual or collective liability (Article 244 of the Labor Code). A teenager can only be liable for causing material harm intentionally or as a result of a crime.
List of required documents
Depending on the age of the employee, you will need:
16 years and older - the same set of documents as an adult. This list includes:
- Identity document.
- Employment book (if there is none, then the head of the organization is obliged to issue it within a week).
- when hiring a minor at the age of 17, a document on registration with the Military Commissariat will be required.
- Certificate of medical examination or medical book.
When hiring a 15-year-old employee, the same set will be required with the following papers included in the list:
- Certificate completion of basic education.
- If there is no certificate certificate of education in correspondence form(evening school, external study) and a certificate from an educational organization stating that full-time education has been abandoned in accordance with the Law on Education of the Russian Federation.
If a teenager at the age of 15 has not completed basic education and is not studying part-time, he is employed under the same conditions as a teenager at the age of 14.
A 14-year-old employee additionally needs:
- Consent of legal representatives.
- Permission of guardianship authorities on a special form.
- Information about the schedule of lessons and the mode of the school day.
Application for a job
There is no standard form for this document, it is written in free form.
The application is signed by the head. Together with the signature on the application must have a visa on the consent of cooperation with a minor.
The application is filed with the employee's personal file along with other documents.
After drawing up the application, the employee is introduced to the local acts of the enterprise under a personal signature.
Guarantees provided
Labor legislation for employees under the age of majority a number of additional measures guaranteeing the preservation of their physical and moral health, as well as their proper development and personality formation.
Basic guarantees are subject to the limitations discussed above.
In addition, there are additional features of the organization of work:
- the duration of the next vacation should be at least 31 calendar days. Its duration can be increased;
- persons under the age of 18 can receive additional leave if they wish. In the first year of employment, rest (at the request of the employee) can be granted after 6 months from the start of registration at work. In addition, if the employee is a student, he must be granted study leave for the period of the session;
- replace regular and additional annual leave with money forbidden. The exception is the payment for unused vacation upon dismissal;
- when hiring, it is forbidden to establish for minor workers (persons under the age of 18) in accordance with Article 70.TK
Termination procedure
The employer has no right to dismiss a minor on his own initiative. On dismissal, he must obtain permission from the Commission on Juvenile Affairs and the GTI.
If the manager has not received permission from these bodies to terminate the contract, the employee is reinstated at their request and he is paid a salary for the time of forced absenteeism.
The employment contract is terminated at the request of parents or guardians employee.
This can happen if they think that work interferes with his studies.
If a two-month contract is concluded with a minor, it is terminated at his request before the end of the term. The employee is obliged 3 days written notice to the manager about wanting to quit. After that, he has the right not to go to work.
When the term of the contract comes to an end, the employer is obliged to warn the employee 3 days before the upcoming dismissal.
Compliance with these rules is mandatory for managers providing jobs to persons under the age of 18.